In FY 2008-09, a total of twelve (12) sanitary sewer lift
stations have been scheduled forreplacement and rehabilitation.On October 7, 2008 the Port
Orange City Council approved
the purchase of these pump stations in the amount of $408,612.In-house maintenance staff will be
responsible for the removal of existing mechanical equipment as well as the
installation of the new lift station equipment.In-house field operations crews will be responsible for disconnecting,
repairing, and reconnecting all sewer force mains and suction lines.By programming this project over the course
of a full year and utilizing in-house resources, a significant savings in
project costs will be realized.Meanwhile an electrical contractor will be responsible for the removal
of the existing electrical service racks as well as the installation of (12)
new racks.In order to facilitate this
process in the most efficient manner, staff recommends “piggybacking” the City
of Daytona Beach
current electrical maintenance and repair agreement. The current price agreement is in effect
through October 31, 2009.Daytona Beach has granted permission to the City of Port Orange to piggy-back the agreement, and Buchanan
Electric, Inc. has agreed to perform the same services for the City of Port Orange and honor all
prices and terms of the agreement through October 31, 2009.

The Public Utilities Department is requesting Council
approval of the “piggyback contract”, and an approval of a purchase order to
Buchanan Electric, Inc in the amount of $102,230.Current year funds are budgeted in Project
#SLS002 under account 403-0401-535.63-97 for this purpose.

Staff recommends Council approval to “piggyback” Daytona
Beach Bid #0906-2430 for Electrical Maintenance, awarded to Buchanan Electric,
Inc., to authorize a purchase order in
the amount of $102,230, and authorize the Mayor and City Manager to sign
contract documents of behalf of the City.

In the past, Council has granted
approval to “piggyback” Daytona Beach’s
electrical contract with Buchanan Electric for maintenance and service work as
needed.Buchanan Electric has the
equipment and manpower necessary to provide the services needed and they
respond to our calls in a timely fashion.Daytona Beach
has extended their contract with Buchanan for another term and we recommend
doing the same.If approved, this
contract will be effective immediately for a period of one year.

Products
were tested and bids were received for Cationic Emulsion Polymer for the
Wastewater Treatment Plant.There were
four bids received for various polymers from several different vendors.The lowest bid received was from Polydyne for
their product NE1060 in the amount of $1.00/pound.Testing of the product provided ran well and
met the City’s specifications requested for this product.Staff therefore recommends that Council
approve the bid submitted by Polydyne for their product NE1060 in the amount of
$1.00/lb. Funding for this item is budgeted in 401-0400-536-5219 account.

Staff
recommends that the City Council approve the acquisition of the City’s annual
usage Cationic Emulsion Polymer for the Wastewater Treatment Plant from a bid
received from Polydyne Inc. for their product of NE-1060 in the amount of
$1.00/pound.

An RFSQ was conducted and
subsequently Council awarded three firms a contract for Site Development
Engineering Services.The three firms
are:Upham Inc., Kimley-Horn & Associates,
Inc., and Environmental Consulting Technology Inc (ECT).The contracts contained an option for renewal
for one additional two-year period of time.All three firms have agreed to the renewal at the same prices, terms,
and conditions as in the original contracts.Staff is therefore requesting that Council approve the contract
extension with these firms as stated.Staff
recommends that Council approve extensions for an additional two year period of
time for the three firms currently under contract for Site Development
Engineering Services, which are:Upham
Inc., Kimley-Horn & Associates, Inc., and Environmental Consulting
Technology Inc. (ECT).

For many years, Sensus water
meters have been utilized as sole source for standardization purposes.Sensus provides not only the water meters but
the registers and all related items.This enables continuity with parts, water meter components along with
radio read equipment, etc.Staff is
requesting Council to revalidate this sole source acquisition of water meters
and related items purchased from Sensus.Funding for these items is budgeted in the Meter Reading Budget as an
operating supplies item.Staff
recommends that Council approve the sole source for standardization purposes of
Sensus meters, related registers, etc.

The Police Department is
requesting authorization to purchase laptop computers as listed on the attached
sheet to replace current laptop computers as the warranties expire in November
and they are three years old.This quote
also includes 39 replacement auto adaptors and a new three year extended
warranty with accidental damage protection.The age of the hardware and expiration of the warranty would necessitate
costly repairs.The total quote from JBT
and Associates, which is on state contract, is $37,830 ($845 per laptop, $40
for the auto charger, and $85 for the 3 year ADP warranty).A copy of the quote from JBT & Associates
is attached.Funding for this purchase
is in Machines and Equipment, Lease & Replacement Fund, Account No.
505-1000-580-6400.

Staff recommends that Council
approve the purchase, via state contract, of 39 replacement laptop computers
for patrol cars, including 39 auto adaptors and a 3 year ADP warranty from JBT
& Associates to replace 39 laptop computers which are three years old and
have warranties expiring in November.

The attached Staff Reports
include the Development Activity Report for October, 2008, and the Building
Activity Report for September, 2008.These reports provide information on proposed development and projects
under construction, Commercial Code Enforcement activity, and monthly building
permits and inspection updates.Staff
recommends that Council accept the Staff Reports (Building Activity Report and
Monthly Development Activity Report) for September and October, 2008.

Attached are two Indemnification
& Hold Harmless Agreements for Creekside and Silver Sands Middle Schools
Facility Usage for the Parks and Recreation Department’s basketball
season.Staff is asking Council to
authorize the Mayor and City Manager to execute these agreements.

Staff recommends that Council
authorize the Mayor and City manager to execute VolusiaCounty’s
Indemnification & Hold Harmless Agreements for use of school facilities for
the Parks & Recreation Department’s basketball season.

In order to facilitate the undergrounding of electric
utility services at the WilliamsonBusinessPark,
FP&L is requiring easements along Williamson
Boulevard and McGinnis Avenue.The easements will allow FP&L to install
conduit around the entire road system, as opposed to only the lift station, at
no additional cost.There is adequate
room for all required utilities within the designated area.D.S.C. of Newark Enterprises, Inc. has agreed
to provide an easement for FP&L as well.

Staff recommends that Council grant Florida Power &
Light (FP&L) easements to construct and maintain underground electric
utility facilities at the WilliamsonBusinessPark
along Williamson Boulevard
and McGinnis Avenue.

This case involves a pedestrian/plaintiff who was hit by a
SUV outside the Last Resort Bar on US1 during Biketoberfest
2005.An intoxicated driver passed out
at the wheel, and drove his vehicle onto the sidewalk outside of the bar
hitting the plaintiff.The driver also
collided with parked motorcycles causing 18 to fall in a domino effect.The plaintiff suffered a broken leg that
required surgery.The impaired driver
resides in North Carolina.He also possessed cocaine at the time of the
accident.Despite having an illegal
blood alcohol level, drug possession, and having caused an accident with serious
injury, the driver was inexplicably never prosecuted by the state attorney’s
office.

The plaintiff filed suit against the City claiming that
lane-closing traffic cones placed in the roadway were removed too early in the
evening which contributed to the accident.It is the City’s position that the cones are placed to provide for
ingress and egress for motorcycle parking.Further, placement of the cones would not have prevented an accident in
which the sole cause was an impaired driver passing out at the wheel and
driving off the roadway.

Despite the injuries suffered, the plaintiff offered to
settle the case for $5,000.00 due to the high likelihood the court would find
no liability.Although it is the City’s
position that there is no liability it would cost the City far more than
$5,000.00 in defense costs to obtain the defense verdict.

Staff
recommends that Council authorize the settlement of the Gilbert vs. City ofPort Orange, Case No.
2006-32162 CICI pursuant to the terms set forth in the settlement agreement.

The City Staff has completed the
final review of the Fiscal Year 2008 Budget Execution.The attached budget resolution provides for
the recognition of the budget changes recommended from this review.

City
Manager’s Comments:This resolution will authorize the
final budget adjustments so the books can be closed for the year ending
September 30, 2008.As you know, a
number of projects and budget items are multi-year.Annually, the City Council has to
re-appropriate carry over funds in order for the City to pay the bills.The carry forward appropriation Resolution
will be coming to the City Council the first Tuesday in December.

This is a request to approve the Second Amendment to the
Master Development Agreement for the Royal Palm PUD subject to review of the
amendment by the City Attorney as to legal form and content. The purpose of the
second amendment is to establish dimensional requirements for an additional
type of housing (Cottage-Style Homes) within Phase III of Royal Palm. The
subject property is located on the west side of Williamson Boulevard, south of Town West Boulevard.

Planning Commission
Recommendation:The Planning
Commission recommended approval, 6-0 (Commissioner Booth excused), of the
Second Amendment to the Master Development Agreement for the Royal
Palm PUD subject to review of the amendment by the City Attorney as to
legal form and content.

The State Housing Initiatives Partnership program is
a grant that is funded by the State in an effort to assist low and
moderate-income individuals with housing needs.

The State of Florida,
through Florida Housing Finance Corporation, requires that entitlement cities
submit a Local Housing Assistance Plan at least every three years that outlines
the proposed use of these entitlement grant funds.The City of Port Orange originally approved its three
year LHAP for fiscal years 2006-07, 2007-08 and 2008-09 on July 25, 2006 and
approved an amended plan on July 17, 2007.

When amending its approved LHAP, the City must
formally approve such amendments and provide a comment period to its citizens
to receive input and opinion of the proposed amendments.

Attached is a detailed briefing of the amendments
submitted for City Council approval.

Staff recommends that Council
approve an amended SHIP Program Local Housing Assistance Plan for Fiscal Years
2006-07, 2007-08, and 2008-09.

The State Housing Initiatives Partnership program is
a grant that is funded by the State in an effort to assist low and
moderate-income individuals with housing needs.

The State of Florida,
through Florida Housing Finance Corporation, requires that entitlement cities
submit a Local Housing Assistance Plan at least every three years that outlines
the proposed use of these entitlement grant funds.The City of Port Orange originally approved its three
year LHAP for fiscal years 2006-07, 2007-08 and 2008-09 on July 25, 2006 and
approved an amended plan on July 17, 2007.

This new three year SHIP Local Housing Assistance
Plan is due on May 2, 2009 to the Florida Housing Finance Corporation, however,
as a result of actions previously taken to amend the
existing LHAP for Fiscal Years 2006-2007, 2007-2008, and 2008-2009, it was
suggested that the City submit its new three year LHAP for the upcoming periods
earlier.

Staff recommends that Council
approve the City’s SHIP Program Local Housing Assistance Plan for Fiscal Years
2009-10, 2010-11, and 2011-12.

Changes to the administrative
rules and procedures for the Volusia Growth Management Commission are being
considered by the member jurisdictions at this time.The City’s appointee to the Commission,
Robert “Bobby” Ball, is requesting feedback from the City Council on several
important topics regarding the purpose and role of the VGMC itself.These topics are being debated among its
members, in addition to the proposed rule changes.Please see the attached memorandum for the
list of questions as well as additional background information.

Wayne Clark will be discussing
this item with the City Council on Tuesday evening.

City
Manager’s Comments:In the more than 24 years that I
have served the Port Orange City Council as City Manager, this will be the
fourth time that Council has reviewed placing items in drainage easements.Initially, there was nothing allowed to be
placed in the drainage easements.There
were some exceptions, like fences where the water could run through or
under.Then the City Council moved to
allow other items to be placed in the drainage easement so that the property
owners could have more utilization of their property.The City has the right to come onto the
property to maintain the drainage easements.Removal of the items in the drainage easement is at the property owner’s
expense.The last revision was a little
more expansive in what could and could not be placed in the drainage
easement.

Virtually every house in Port Orange has drainage
and/or utility easements on their property.Some of the older properties have front, back, and side yard
easements.In some of the newer areas, not
all boundaries may be encumbered by an easement.Some of the easements are active while many
are not.Regularly, the City Council has
requests to vacate easements in full or in part.

What we have found is that, over
the years, the character of the easement changes.It is not intentionally changed but a gradual
change.Often plants are planted in the
easements and gradually the easement fills and no longer functions as it was
intended to function.Secondly, property
owners fill easements as they improve their property.Third, grass grows and the easement is altered
by the growth.Fourth, fences are
erected and sometimes the fences act as a dam because the area under the fence
is filled and does not allow water to flow as it was designed.There are various other permutations
surrounding the reasons easements do not functions as they were designed.

At the same time, we have very
few complaints about easements on other properties not working properly.We do address those on a complaint
basis.

In some of our newer
subdivisions, the HOA is delegated the responsibility of easement
maintenance.Many of those HOA’s simply pass it on to the property owner and make it
their responsibility.However, from a
technical standpoint, the HOA is the party that would maintain the easement
should any maintenance be required.

This item was brought to the City
Council’s attention because a fence was recently constructed in an easement
adjacent to the Woodlake Subdivision.A
property owner voiced a concerned that the chain link fence would impede the
water and create potential water backing up onto his property.Allowing fences in the drainage areas has
been common and is allowed by Code.As I
stated in the first paragraph, the number of complaints is relatively small related
to maintenance of the easements and impeding of water by a neighbor’s
fence.

What are the options?

The City could state that fences
cannot be constructed in an active easement.This would lead to more requests for abandonment of easements.

The City could state that nothing
could be constructed or placed in an active easement.

The City could maintain its
current policy and handle each case on a case by case basis and address the
situation when a problem occurs.

One final observation: As lot
sizes have become smaller, we have allowed certain items to be
placed in the side yard easements.It is important that these items not impede any of the drainage flowing
between the two properties.Second, it
is important that the easements be maintained properly in order to handle the
water running between the two properties.I am concerned that over time the easements stop functioning as they
were originally constructed and designed.A lot of times, the pitch is so small that the smallest alteration may
create a problem.We may need to look at
the City design standards and make the necessary modifications to accommodate
the stormwater run off.

The attached proposed amendments
to our Code of Ordinances, Section 74-Utilities, was initially begun to address
our basic fundamental shift in the growth and development of our Reclaimed
Water System.Based on a Concurrency
Evaluation Report presented to Council last year which identified the decision
to control the expansion southward of our reclaimed water system, these
revisions will help to guide us in the continued growth, development, and
management of this valuable resource for years to come.A Reclaimed Water Service Availability Map
contained in the LDC will now help to guide all of our future decision.

During our overhaul of this
utility section of our code, we strove to eliminate many of the old ambiguities
and existing inconsistencies between our LDC, our Fire Code, our Building Code,
and our Fee Resolution.

The attached proposed amendments
to the Land Development Code, Chapter 11, were initially undertaken to address
our basic fundamental shift in the growth and development of our Reclaimed
Water System.Many of these changes were
based on a Concurrency Evaluation Report presented to you last year which
identified our decision to control the expansion southward of our reclaimed water
system.These revisions will help to
guide us in the continued growth, development, and management of this valuable
resource for years to come.General
guidelines have been written to govern the use and expansion of the reclaimed
water.A Reclaimed Water Service
Availability Map has been added at the end of the Reclaimed Water Section.This map will aid us in understanding where
reclaimed water may be made available in the future.In addition, all developments which are five
acres or larger that decide to utilize reclaimed water will be required to be
an interruptible reclaimed water customer.

During our overhaul of this
utility section of our Code, we also strove to eliminate many of the old
ambiguities and existing inconsistencies between our LDC, our Fire Code, and
our Building Code.

Attached is a copy of a letter to
Innoprise.Council has had no further communication from Innoprise
since they appeared before Council several months ago.

City
Manager’s Comments: Innoprise has been notified that we will be updating the City Council
on November 11.I have asked Ann Margret
to provide a complete packet of material to the City Council so that you could
see what has occurred since they asked to address the City Council.